AKS 45, 46, and 47
Georgia's Government
How do we run our state?
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AKS 45a
Explain the significance of membership in GA General Assembly: qualifications, terms and election, duties, leadership & committee system
Explain the significance of membership in GA General Assembly: qualifications, terms and election, duties, leadership & committee system
There are 180 members of the House of Representatives and 56 members of the Senate. Members of the legislature are elected by popular vote to two-year terms of office. There is no limit on the number of terms a representative or senator can serve. Each of these members is elected by voters in a house or senate district. Equally important, each house district contains about the same number of people as all the other house districts, and each senate district contains about the same number of people as all the other senate districts. At the time of their election, members of the senate are required by Georgia's constitution to be at least 25 years old, citizens of the United States, and citizens of Georgia for at least 2 years. In addition, they must have been legal residents of the district from which they were elected for at least one year. Members of the House of Representatives must be at least 21 years, citizens of the United States, and Citizens of Georgia for at least 2 years, and legal residents of the district from which they were elected for at least one year. They both meet 40 days per year.
Leadership: The lieutenant governor presides over the Senate. Members of the House of Representatives elect a speaker as their presiding officer. The speaker, like the lieutenant governor, appoints committees and their chairpersons and assigns bills to those committees. The lieutenant governor does not have a vote in the senate, but the speaker of the house votes when it is necessary to break a tie.
Like Congress, members of the Georgia House and Senate are organized into committees. All bills must be reviewed by a house or senate committee before they can be brought to either the whole house or sent for a vote. The committee system makes it possible for members to study bills closely. Some committees are permanent, lasting from one session to the next. These are called standing committees. Some of the standing committees include the Ways and Means Committee, which handles bills involving taxes; the Appropriations Committee, which works on the budget; and the Judiciary Committee, which deals with bills concerning the state's laws and court system. Other committees are organized for a special task and last only until their work is completed. One type of special committee is an interim committee, which works on assigned issues and concerns between sessions of the legislature. Another special committee is the conference committee, which is appointed when the House and Senate pass different versions of a bill. The conference committee is made up of the three senators and three representatives. The committee takes the two versions and tries to write one bill that can be passed by both houses. A joint committee, another special committee, is made up of members from both houses and works on an assigned topic or issue. A member of the Georgia General Assembly may serve on several committees. Committee chairpersons decide when their committees will meet. They choose the order in which assigned bills will be discussed and when the bills will be voted on.
Leadership: The lieutenant governor presides over the Senate. Members of the House of Representatives elect a speaker as their presiding officer. The speaker, like the lieutenant governor, appoints committees and their chairpersons and assigns bills to those committees. The lieutenant governor does not have a vote in the senate, but the speaker of the house votes when it is necessary to break a tie.
Like Congress, members of the Georgia House and Senate are organized into committees. All bills must be reviewed by a house or senate committee before they can be brought to either the whole house or sent for a vote. The committee system makes it possible for members to study bills closely. Some committees are permanent, lasting from one session to the next. These are called standing committees. Some of the standing committees include the Ways and Means Committee, which handles bills involving taxes; the Appropriations Committee, which works on the budget; and the Judiciary Committee, which deals with bills concerning the state's laws and court system. Other committees are organized for a special task and last only until their work is completed. One type of special committee is an interim committee, which works on assigned issues and concerns between sessions of the legislature. Another special committee is the conference committee, which is appointed when the House and Senate pass different versions of a bill. The conference committee is made up of the three senators and three representatives. The committee takes the two versions and tries to write one bill that can be passed by both houses. A joint committee, another special committee, is made up of members from both houses and works on an assigned topic or issue. A member of the Georgia General Assembly may serve on several committees. Committee chairpersons decide when their committees will meet. They choose the order in which assigned bills will be discussed and when the bills will be voted on.
AKS 45c
Trace the steps of the legislative process for a bill to become a law in Georgia
Nine steps from Proposal to Law Bills in the Georgia General Assembly go through almost the same steps as those in the U.S. Congress before they become a law.
1. A proposal is written in legal language and turned into the clerk's office. There it is given a name and a number. For example, the twelfth proposal turned into the clerk of the House of Representatives during the session will be "H.R. 12." After the proposal is given a number, it is called a bill.
2. Copies of the bill are made for members of the house. The bill is then assigned to a committee.
3. The committee to which the bill is assigned may hold public hearings so that interested persons may speak for or against the bill. The committee may also ask the legislative staff members to gather information about the bill. The committee studies the bill and discusses its good and bad points.
4. The committee assigned to handle the bill can do several things: (a) It can hold the bill and not release it to the house; (b) It can vote the bill out of committee and recommend it be passed; (c) It can vote the bill out of committee and recommend that it not be passed; (d) It can make changes to the bill and vote the new version out for consideration by the House; or (e) in the House only, it can vote the bill out of committee with no recommendation. If a bill is not voted out of committee, it is "killed" unless the full House votes to take the bill from the committee and assign it to another one.
5. A bill sent to the full House is discussed, debated, and perhaps amended. A majority vote is required to pass a bill.
6. When a bill is "certified" (passed) by the house, it is carried by messenger to the Senate for consideration.
7. Again, the bill is assigned to a committee and studied. As before, the bill may be kept in committee, changed, or voted out without change to be handled by the entire Senate.
8. If both the House and the Senate pass a bill in the same form, it is signed by the presiding officers and clerks before being sent to the governor.
9. The governor can handle a bill in one of three ways. He or she can (a) sign it into law; (b) take no action, thus letting it become law automatically, or (c) veto it. If a bill is vetoed, the General Assembly can override the veto by a two-thirds vote of both houses. The bill then becomes law.
Trace the steps of the legislative process for a bill to become a law in Georgia
Nine steps from Proposal to Law Bills in the Georgia General Assembly go through almost the same steps as those in the U.S. Congress before they become a law.
1. A proposal is written in legal language and turned into the clerk's office. There it is given a name and a number. For example, the twelfth proposal turned into the clerk of the House of Representatives during the session will be "H.R. 12." After the proposal is given a number, it is called a bill.
2. Copies of the bill are made for members of the house. The bill is then assigned to a committee.
3. The committee to which the bill is assigned may hold public hearings so that interested persons may speak for or against the bill. The committee may also ask the legislative staff members to gather information about the bill. The committee studies the bill and discusses its good and bad points.
4. The committee assigned to handle the bill can do several things: (a) It can hold the bill and not release it to the house; (b) It can vote the bill out of committee and recommend it be passed; (c) It can vote the bill out of committee and recommend that it not be passed; (d) It can make changes to the bill and vote the new version out for consideration by the House; or (e) in the House only, it can vote the bill out of committee with no recommendation. If a bill is not voted out of committee, it is "killed" unless the full House votes to take the bill from the committee and assign it to another one.
5. A bill sent to the full House is discussed, debated, and perhaps amended. A majority vote is required to pass a bill.
6. When a bill is "certified" (passed) by the house, it is carried by messenger to the Senate for consideration.
7. Again, the bill is assigned to a committee and studied. As before, the bill may be kept in committee, changed, or voted out without change to be handled by the entire Senate.
8. If both the House and the Senate pass a bill in the same form, it is signed by the presiding officers and clerks before being sent to the governor.
9. The governor can handle a bill in one of three ways. He or she can (a) sign it into law; (b) take no action, thus letting it become law automatically, or (c) veto it. If a bill is vetoed, the General Assembly can override the veto by a two-thirds vote of both houses. The bill then becomes law.
Although this is about a National bill, nearly the same process is used by our state government to pass bills into law:
AKS 46a
Explain the role for Georgia's governor and lieutenant governor: Term & election, qualifications & duties
The largest branch of state government is the executive branch. the governor is the chief executive officer of the state. The governor is elected by a majority of the popular vote for a four-year term. The constitution allows governors to serve two consecutive terms, so it is possible for one person to be the state's chief executive officer for eight years. After a second term, an individual has to wait four or more years before being able to run again. The constitution also outlines the qualifications required to be elected as Georgia's chief executive. The candidate who wishes to become governor must be at least thirty years of age when taking office, a citizen of the United States for at least fifteen years, and a resident of the state for at least six years.
Formal Powers: The Georgia constitution describes the governor's formal powers. They can be classified as executive powers, legislative powers, and judicial powers. Executive powers include being able to appoint state officials and making sure that civil and criminal laws are enforced. Legislative powers include sending requests and messages to the legislature, signing bills into law, and being able to veto a bill so it does not become a law. The governor may also call special sessions of the legislature. Judicial powers include being able to pardon persons convicted of crimes and appoint state justices to fill unexpired terms. Informal Powers: Appoint individuals to boards and executive offices. The executive branch of state government also includes the office of lieutenant governor. The lieutenant governor is elected by popular vote at the same time the governor is elected. The lieutenant governor must meet the same qualifications for office as the governor. However, unlike the governor, the lieutenant governor can serve an unlimited number of consecutive terms in office. The lieutenant governor is the presiding officer of the state senate. In that position, he or she makes senate committee appointments, assigns senate bills to committees, and recognizes members of the senate who wish to speak. Because of these powers, the lieutenant governor may affect the passage or failure of some senate bills.
Explain the role for Georgia's governor and lieutenant governor: Term & election, qualifications & duties
The largest branch of state government is the executive branch. the governor is the chief executive officer of the state. The governor is elected by a majority of the popular vote for a four-year term. The constitution allows governors to serve two consecutive terms, so it is possible for one person to be the state's chief executive officer for eight years. After a second term, an individual has to wait four or more years before being able to run again. The constitution also outlines the qualifications required to be elected as Georgia's chief executive. The candidate who wishes to become governor must be at least thirty years of age when taking office, a citizen of the United States for at least fifteen years, and a resident of the state for at least six years.
Formal Powers: The Georgia constitution describes the governor's formal powers. They can be classified as executive powers, legislative powers, and judicial powers. Executive powers include being able to appoint state officials and making sure that civil and criminal laws are enforced. Legislative powers include sending requests and messages to the legislature, signing bills into law, and being able to veto a bill so it does not become a law. The governor may also call special sessions of the legislature. Judicial powers include being able to pardon persons convicted of crimes and appoint state justices to fill unexpired terms. Informal Powers: Appoint individuals to boards and executive offices. The executive branch of state government also includes the office of lieutenant governor. The lieutenant governor is elected by popular vote at the same time the governor is elected. The lieutenant governor must meet the same qualifications for office as the governor. However, unlike the governor, the lieutenant governor can serve an unlimited number of consecutive terms in office. The lieutenant governor is the presiding officer of the state senate. In that position, he or she makes senate committee appointments, assigns senate bills to committees, and recognizes members of the senate who wish to speak. Because of these powers, the lieutenant governor may affect the passage or failure of some senate bills.
Georgia's current governor Nathan Deal (2011-Present)
AKS 46b
Describe the organization of the executive branch: Major policy areas of state programs.
Describe the organization of the executive branch: Major policy areas of state programs.
Voters statewide select following officials: state attorney general, commissioner of agriculture, commissioner of labor, commissioner of insurance, public service commissioners, secretary of state, and the state school superintendent. All of these officials serve four year terms of office, except for the five members of the Public Service Commission, who serve six-year terms. In addition to the officials named in the Georgia constitution, there are a large number of government officials known as the statutory officials. Their positions are not provided for in the state's constitution, nor are they are elected officials. But their jobs are called for by the statute (law). These officials are appointed either by the governor or by the head or directing boards of the department in which they serve. Another sector of Georgia's government is the boards and agencies that were created by the state constitution or by statute.
AKS 47a
Explain the structure of the court system in Georgia
Explain the structure of the court system in Georgia
The highest-ranking court in Georgia's court system is the Supreme Court. The seven supreme court justices are elected by popular vote to six-year terms. The supreme court is an appellate court, which means it only reviews cases on appeal from lower-ranking courts. There are no witnesses and juries as there are in lower-ranking trial courts. Another responsibility of the supreme court is to interpret the state constitution decisions of the supreme court are binding. This means they have final authority in matters of law at the state level.
The second highest-ranking state court is the court of appeals. Twelve judges serve on this court, and they elect one of their members to serve as the chief judge. The judges are elected to six-year terms. The court of appeals, like the supreme court, is an appellate court. It only hears cases appealed from lower-ranking courts.
Below the appellate courts are the trial courts of Georgia. The trial courts hear original cases, such as criminal cases and civil cases between private parties. The state's trial courts include 188 superior courts in 49 circuits (regions), 70 state courts, 159 probate courts, 159 juvenile courts, and 159 magistrate courts. Over 400 municipal (city) courts and special courts are also part of Georgia's judicial branch. Each court has a special jurisdiction (the range of actions over which the court has control or influence).
The second highest-ranking state court is the court of appeals. Twelve judges serve on this court, and they elect one of their members to serve as the chief judge. The judges are elected to six-year terms. The court of appeals, like the supreme court, is an appellate court. It only hears cases appealed from lower-ranking courts.
Below the appellate courts are the trial courts of Georgia. The trial courts hear original cases, such as criminal cases and civil cases between private parties. The state's trial courts include 188 superior courts in 49 circuits (regions), 70 state courts, 159 probate courts, 159 juvenile courts, and 159 magistrate courts. Over 400 municipal (city) courts and special courts are also part of Georgia's judicial branch. Each court has a special jurisdiction (the range of actions over which the court has control or influence).
AKS 47b
Explain how judges are selected
Explain how judges are selected
The seven supreme court justices are elected by popular vote to six-year terms
Court of Appeals: Twelve judges serve on this court, and they elect one of their members to serve as the chief judge. The judges are elected to six-year terms.
Trial Courts: elected by popular vote
Court of Appeals: Twelve judges serve on this court, and they elect one of their members to serve as the chief judge. The judges are elected to six-year terms.
Trial Courts: elected by popular vote
AKS 47c
Compare/Contrast criminal law and civil law
Compare/Contrast criminal law and civil law
The courts also protect citizens from each other by handling civil cases (disputes between two or more persons or groups) and criminal cases (cases involving violations of the law). Crimes are divided into felonies and misdemeanors. A felony is a serious crime such as murder or burglary, punishable by a year or more in prison, a fine of at least $1,000, or both. A misdemeanor is a less serious crime punishable by less than a year in prison, a fine of less than $1,000, or both.
AKS 47d
Describe the history of the juvenile court
Describe the history of the juvenile court
AKS 47e
Compare the juvenile system to the adult system: Different jurisdictions, terminology (terms), steps in the process & rights of juveniles when taken into custody
Compare the juvenile system to the adult system: Different jurisdictions, terminology (terms), steps in the process & rights of juveniles when taken into custody
The juvenile courts have three main purposes:
1. To help and protect the well-being of children
2. To make sure that any child coming under the jurisdiction of the court receives the care, guidance, and control needed
3. To provide care for children who have been removed from their homes.
Two terms are important to understand juvenile laws and courts. A delinquent act is an act that would be considered a crime if committed by an adult. A status offense refers to an act that would not be considered a crime if committed by an adult. When juveniles commit a delinquent act or a status offense and are captured by the police, they are said to be "taken into custody" rather than "under arrest."
Georgia's juvenile courts have jurisdiction over the following cases:
* Juveniles who commit traffic offenses
*Delinquent juveniles, those under the age of seventeen who commit acts that would be crimes if committed by and adult (for example, burglary or car theft)
*Unruly juveniles, those under the age of eighteen who commit acts that would not be crimes if committed by adults (for example, running away from home, disobeying parents, being out between 12 midnight and 5 a.m., being repeatedly truant from school)
*Juveniles under the supervision or probation of the court
*Deprived juveniles, children under the age of eighteen who are neglected or abused by parents or guardians or those who have no parents or legal guardians
*Cases involving children who need mental health services
*Proceedings involving judicial consent for marriage, employment, or enlistment in the armed services when such consent is required by law
Steps in the process:
First step is INTAKE. At this time, the juvenile is turned over to a juvenile court intake officer, who investigates the case. The intake officer must decide if there is enough evidence (probable cause) to support the charges made against the juvenile. If there is not enough evidence, the intake officer must release the juvenile. If there is enough evidence to think the juvenile may be guilty of the charges, they intake officer may (1) release the juvenile into the custody of his or her parents or legal guardian or (2) detain the juvenile. In Georgia's juvenile system, most juveniles are not detained but are released into the custody of parents or guardians.
The second step is DETENTION. If the juvenile is detained, a probable cause hearing before the juvenile judge must be held within seventy-two hours. At that point, the judge has three options: (1) dismiss the case, (2) have an informal adjustment, or (3) have a formal hearing. Generally, an informal adjustment is held for first offenders.
The third step is the FORMAL HEARING. First, the complaining witness files a petition outlining the wrongdoing. Once the petition is signed, a date is set for the formal hearing and a summons issued. The summons requires the juvenile, the parents or guardian, and those involved in the charges to attend the hearing.
The fourth step is the SENTENCING. The judge may select from a number of options.
A final step is the right of the juvenile to APPEAL his or her case.
Juveniles handled under the juvenile justice system have the same basic legal rights that other citizens have. They have the right to have their cases decided quickly, just as adults have the right to a speedy trial. Juvenile cases, however, are decided by a judge, not a jury. Juvenile court proceedings can result in the loss of liberty. As a result, juveniles have all the rights of a fair trial: They must be notified of the charges against them; they are protected against self-incrimination; they have the right to an attorney; and they have the right to confront and to question witnesses against them. The accused juvenile has the right to present a defense, to introduce evidence, and to testify on his or her own behalf. Most importantly, the juvenile has the right to have a parent or a guardian present in all hearings.
1. To help and protect the well-being of children
2. To make sure that any child coming under the jurisdiction of the court receives the care, guidance, and control needed
3. To provide care for children who have been removed from their homes.
Two terms are important to understand juvenile laws and courts. A delinquent act is an act that would be considered a crime if committed by an adult. A status offense refers to an act that would not be considered a crime if committed by an adult. When juveniles commit a delinquent act or a status offense and are captured by the police, they are said to be "taken into custody" rather than "under arrest."
Georgia's juvenile courts have jurisdiction over the following cases:
* Juveniles who commit traffic offenses
*Delinquent juveniles, those under the age of seventeen who commit acts that would be crimes if committed by and adult (for example, burglary or car theft)
*Unruly juveniles, those under the age of eighteen who commit acts that would not be crimes if committed by adults (for example, running away from home, disobeying parents, being out between 12 midnight and 5 a.m., being repeatedly truant from school)
*Juveniles under the supervision or probation of the court
*Deprived juveniles, children under the age of eighteen who are neglected or abused by parents or guardians or those who have no parents or legal guardians
*Cases involving children who need mental health services
*Proceedings involving judicial consent for marriage, employment, or enlistment in the armed services when such consent is required by law
Steps in the process:
First step is INTAKE. At this time, the juvenile is turned over to a juvenile court intake officer, who investigates the case. The intake officer must decide if there is enough evidence (probable cause) to support the charges made against the juvenile. If there is not enough evidence, the intake officer must release the juvenile. If there is enough evidence to think the juvenile may be guilty of the charges, they intake officer may (1) release the juvenile into the custody of his or her parents or legal guardian or (2) detain the juvenile. In Georgia's juvenile system, most juveniles are not detained but are released into the custody of parents or guardians.
The second step is DETENTION. If the juvenile is detained, a probable cause hearing before the juvenile judge must be held within seventy-two hours. At that point, the judge has three options: (1) dismiss the case, (2) have an informal adjustment, or (3) have a formal hearing. Generally, an informal adjustment is held for first offenders.
The third step is the FORMAL HEARING. First, the complaining witness files a petition outlining the wrongdoing. Once the petition is signed, a date is set for the formal hearing and a summons issued. The summons requires the juvenile, the parents or guardian, and those involved in the charges to attend the hearing.
The fourth step is the SENTENCING. The judge may select from a number of options.
A final step is the right of the juvenile to APPEAL his or her case.
Juveniles handled under the juvenile justice system have the same basic legal rights that other citizens have. They have the right to have their cases decided quickly, just as adults have the right to a speedy trial. Juvenile cases, however, are decided by a judge, not a jury. Juvenile court proceedings can result in the loss of liberty. As a result, juveniles have all the rights of a fair trial: They must be notified of the charges against them; they are protected against self-incrimination; they have the right to an attorney; and they have the right to confront and to question witnesses against them. The accused juvenile has the right to present a defense, to introduce evidence, and to testify on his or her own behalf. Most importantly, the juvenile has the right to have a parent or a guardian present in all hearings.
AKS 47f
Design ways to avoid trouble and settle disputes peacefully.
Design ways to avoid trouble and settle disputes peacefully.